Lucciola v. City of New York

OPINION OF THE COURT

Lucy Billings, J.

*366I. Background

Plaintiff sues to recover for personal injuries sustained March 16, 2001, when she fell in a tree well in the sidewalk abutting the business premises leased by defendant E&M Café, Inc., on Arthur Avenue in Bronx County. E&M Café moves for summary judgment dismissing the complaint and all cross claims against this defendant, on the ground that E&M Café was not responsible for plaintiffs injuries. (CPLR 3212 [b].) For the reasons explained below, the court denies E&M Café’s motion.

II. E&M Café’s Liability

As a party occupying and holding an…